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|Time Running Out for Highway Fix|
McDonald Hopkins LLC;
May 15, 2015, previously published on May 8, 2015Somehow, Congress has found itself staring at yet another highway funding deadline without a long-term deal in place. They have until just the end of this month to act, before the Highway Trust Fund runs out of money. But despite the deadline, lawmakers in both chambers and in both parties remain...
|PHMSA Adjusts LNG Facility Operator User Fees|
Sutherland Asbill Brennan LLP;
May 11, 2015, previously published on May 8, 2015The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) has revised its fee program paid by LNG facility operators to fund PHMSA’s LNG facility safety program. The fees will now be based on 1.6% of gas costs, implemented on a 10-tier...
|New Standards for Shipping Crude Oil, Petroleum Products and Renewable Fuel by Rail|
Susan G. Lafferty, David M. McCullough, Ryan R. Weiss, Shelley Wong; Sutherland Asbill & Brennan LLP;
May 5, 2015, previously published on May 4, 2015On Friday, May 1, the U.S. Department of Transportation (“DOT”) issued a final rule establishing new requirements for transporting flammable liquids in a continuous block of 20 or more tank cars or 35 or more tank cars loaded with a flammable liquid that are dispersed throughout a...
|Eleventh Circuit Affirms Use of Deadly Force to Terminate High Speed Pursuit.|
Leonard J. Dietzen, Zackery A. Scharlepp; Rumberger, Kirk & Caldwell Professional Association;
April 23, 2015, previously published on March 30, 2015In the midst of an era filled with negative national press related to law enforcement’s use of deadly force, the Eleventh Circuit recently issued an opinion recognizing the constitutionality of the use of lethal force to terminate high speed vehicle pursuits. “The use of deadly force...
|Truckers Beware The "City Different"|
Paul T. Yarbrough; Hall & Evans, LLC;
April 15, 2015, previously published on March 31, 2015What in the world is going on in Santa Fe, New Mexico? This 400-year-old capital city is home to the nation's oldest church and other architectural treasures, incredible artworks, and a rich mixture of Hispanic, Anglo, and Native American cultures. Trying a case in Santa Fe is hard because you seem...
|Venue: A Key Factor in Trucking Litigation|
Brad Keller; Heyl, Royster, Voelker & Allen Professional Corporation;
March 24, 2015, previously published on Spring 2015Venue can have a tremendous effect on litigation, with some believing it can occasionally be more important than any single fact in a case. Venue affects litigation in many ways, including the value of a claim and the convenience and expense of defending litigation.
|Review of New Illinois Laws: Transportation|
Heyl Royster Voelker Allen Professional Corporation;
March 24, 2015, previously published on March 2015Speed Limits increased from 55 to 60 m.p.h. for heavy trucks and buses on Interstate highways in Cook County and the collar counties (S.B. 930, Sandoval-Oberweis—Moylan-DeLuca et al.), and to 70 m.p.h. for other vehicles on Interstate toll highways in urban districts (S.B. 2015,...
|Lessons from a Deposition: Insight into One Plaintiff’s Counsel’s Strategy for Establishing Broker Liability|
Michael Reda; HeplerBroom LLC;
March 23, 2015, previously published on January 8, 2015As defense counsel in the trucking industry have seen in recent years, broker liability is a burgeoning area in which plaintiff’s attorneys are beginning to explore as a means to reach the elusive “deep pockets” of many of our broker clients. Much of the lure of broker liability...
|NJ Supreme Court Rules that Expert’s Report Properly Barred as Net Opinion Because Contradicted by Facts in Record|
Betsy G. Ramos; Capehart & Scatchard, P.A.;
March 20, 2015, previously published on March 13, 2015In Townsend v. Pierre, decided March 12, 2015, the New Jersey Supreme Court addressed the net opinion rule in the context of an automobile accident negligence case. This case involved a tragic accident in which Alvin Townsend, a motorcyclist, was killed. He was travelling on Levitt Parkway and...
|New Train Crash Technology May Be the Difference in Lives Lost Due to Vehicle Collisions|
Mary F. Schiavo; Motley Rice;
March 19, 2015, previously published on March 16, 2015Two particular technologies are often of great interest to the National Transportation Safety Board whenever they investigate the collision between a vehicle and a train: the effectiveness and application of the crash energy management technology, which can use a number of different technologies to...